Orissa High Court
Daktar @ Doctor @ Jatindra Sahu vs Directorate Of Enforcement on 3 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 2754 of 2023
Daktar @ Doctor @ Jatindra Sahu .... Petitioners
Ms. Deepali Mahapatra, Advocate
and another
-versus-
Directorate of Enforcement, .... Opposite Parties
Govt. of India, Bhubaneswar Sub- Mr. Bibekananda Nayak,
Zonal Office, Bhubaneswar Advocate appearing for the
Opposite Party-ED
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
03.08.2023
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. On perusal of the record, it appears that this matter was
earlier before this Court in CRLMC No.962 of 2022, which was
disposed of by Hon'ble Mr. Justice B.P. Routray on 22.04.2022.
Another application under Section 482 of Cr.P.C. bearing
CRLMC No.844 of 2022 was disposed of by this Bench on
10.05.2022. Thereafter, CRLMC No.1207 of 2022 and CRLMC
No.1984 of 2021 were disposed of by Hon'ble Mr. Justice R.K.
Pattanaik vide judgment dated 31.03.2023. However, the
present matter has been placed before this Court along with a
memo filed by the learned counsel for the Petitioner and a copy
of the Standing Order No.01 of 2023.
3. On perusal of the Standing Order No.01 of 2023, it
appears that if a petition earlier filed under Section 482 of
Cr.P.C. was disposed of by any Bench, the subsequent
petition(s) under Section 482 Cr.P.C. with the same prayer
arising from the same FIR/P.S. case shall be listed before
the same Bench, if such Bench is available.
4. On perusal of the record, it appears that the earlier
disposal of series of applications under Section 482 of Cr.P.C.
were disposed of by Hon'ble Mr. Justice B.P. Routray vide
order dated 22.04.2022. Thereafter by this Court vide order
dated 10.05.2022. However, the matter was elaborately dealt
with by Hon'ble Mr. Justice R.K. Pattanaik vide his judgment
dated 31.03.2023. Accordingly, this Court is of the considered
view that the matter should have been placed before the
Hon'ble Mr. Justice R.K. Pattanaik, who was dealt with the
matter by delivering the judgment after hearing the learned
counsel for the parties.
5. In view of the aforesaid position, the Registry is directed
to place this matter before the Hon'ble Chief Justice as
expeditiously as possible and obtain instruction with regard to
the Bench who will finally hear the matter and, accordingly, the
matter be placed before the said Bench. Registry is further
directed to expedite the listing of the matter considering the
urgency involved in this case.
6. Mr. Bibekananda Nayak, learned counsel enters
appearance on behalf of the Opposite Party-Directorate of
Enforcement by filing a Memo of Appearance in Court today,
which be kept on record. The name of Mr. Bibekananda Nayak,
learned counsel appearing for the Opposite Party-Directorate of
Enforcement be reflected in the cause list henceforth.
(A.K. Mohapatra)
Judge
Debasis
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
Location: OHC CUTTACK
Date: 06-Aug-2023 13:40:28
